Private and Regulatory Compliance. A. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct, operate, and/or maintain its Attachments on public and/or private property before it occupies any Pole. City retains the right to require evidence that appropriate authorization has been obtained before any Permit is issued to Licensee. Licensee’s obligations under this Article include, but are not limited to, the obligation to obtain all necessary approvals to occupy public/private rights-of-way and to pay all actual associated costs.
Private and Regulatory Compliance. 4.1 Necessary Authorizations. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct, operate, and/or maintain its Communications Facilities on public and/or private property before it occupies any portion of CPS Energy’s Poles. Licensee must provide CPS Energy, as required by the Pole Attachment Standards, a copy of a license, franchise, certificate of authority, or other authorization that grants Licensee access to municipal rights-of-way for the purpose of installing Communications Facilities. With regard to access to public or private property, other than municipal rights-of-way, Licensee shall provide CPS Energy upon request with evidence that appropriate authorization has been obtained before any Permit is issued to Licensee. Licensee’s obligations under this Section 4 include, but are not limited to, its obligation to obtain all necessary approvals to occupy public/private rights-of-way and to pay all costs associated therewith, and to maintain such approval for the term of a Permit.
Private and Regulatory Compliance. Deleted: The use of Attachments for any illegal or unauthorized purpose shall constitute a breach of this Agreement. Deleted: must at all times serve a lawful purpose, Deleted: Licensee shall defend, indemnify and reimburse CPS Energy for all loss, costs and expense, including reasonable attorney’s fees, that CPS Energy may incur as a result of claims by governmental bodies, owners of private property, or other persons, that Licensee does not have sufficient rights or authority to attach Licensee’s Communications Facilities on CPS Energy’s Poles. Deleted: must
Private and Regulatory Compliance
